Effective date: December 13, 2019
Please read this Guarantee carefully as it contains important information about your legal rights, remedies and obligations when subscribing to the guarantee. By accessing, using or subscribing to the guarantee, you agree to comply with and be bound by this Guarantee.
Capitalized terms have the following meanings in these terms and conditions:
“App”: The Holiday Swap application distributed by us including any related services provided by us, including the web-based App.
“Claim”: A report issued by a User to Holiday Swap to be reimbursed for an approved loss.
“Appstore Rules”: Any applicable rules, policies or terms of the relevant Appstore.
“Guarantee”: The Guarantee includes the Property Damage Guarantee and/or Trip Cancellation Guarantee. In reference to Users who have purchased the in-app twelve (12) month subscription offering Premium Plus, only Property Damage, with limitations, applies.
“Guest”: Users in their capacity of staying at other Users’ properties (as well as other members of a Guest’s party).
“Premium Plus” / “Premium +”: The highest level, in-app twelve (12) month subscription offering, providing benefits to subscribed Users.
“Product”: The Holiday Swap App and Web-App; see definition for App.
“Property”:The property listed on Users’ accounts that are offered for swapping and/or hosting on the App. Any term used in the singular also encompasses the plural, and vice versa.
“Subscriber”: Users who specifically opt into the Guarantee or who benefit from the Property Damage Guarantee, with limitations, via purchasing the in-app twelve (12) month subscription offering Premium Plus.
“Swap”:A home exchange and/or hosting of a Guest on the agreed upon dates of a Swap Contract.
“Swap Contract”: Contracts between Users to swap or be hosted in their respective properties.
“User”:A registered user on the Holiday Swap App.
General Terms of the Guarantee
Holiday Swapping Limited (hereinafter “Holiday Swap,” “we,” or “us”) provides the following Satisfaction Guarantee and Reimbursement Terms (the “Terms”, or “Guarantee”) for registered users of the App or Web-App (the “Product”) who subscribe to the Guarantee during the Holiday Swap booking process via point of sale or users who benefit from the Guarantee as part of the annual subscription offering, Premium Plus (or Premium +), (hereinafter these users are collectively the “Subscriber” or “Subscribers”). Please note, Subscribers who benefit from the Guarantee through Premium Plus are subject to limitations as described in the offering. Additionally, Premium Plus only includes a guarantee for Property Damage
By subscribing to the Property Damage Guarantee and/or Trip Cancellation Guarantee, by way of point of sale or Premium Plus offering, Subscriber acknowledges and accepts the terms of this Guarantee. If Subscriber is unwilling to accept the Guarantee, Subscriber must cancel Subscriber’s subscription immediately. In the event of a conflict between the Guarantee and the Terms and Conditions of the Holiday Swap, or other agreements between Subscriber and us, the terms of this Guarantee shall control.
If, within one (1) year from the first date of a Subscriber’s subscription to the Guarantee or within the dates as set at the point of sale and during the term of a Subscriber’s subscription for the Guarantee, and the following apply:
1.the Product is properly used in accordance with its documentation; and
2.Subscriber suffers an Approved Loss (as defined herein),
we will reimburse Subscriber, in our absolute discretion, in an amount equal to the Approved Loss, up to a maximum of $5,000 per Claim and a maximum aggregate annual amount of $5,000 per Subscriber, for Property Damage, and up to a maximum of $500 per Claim and a maximum aggregate annual amount of $500 per Subscriber, for Trip Cancellation, regardless of how many Swaps are made by Subscriber or how many Approved Losses are suffered.
“Approved Losses” shall mean only for Property Damage:
1. damage to personal or real property of the Subscriber suffered as a direct result of a Guest using the Property during the period of the Swap Contract as detailed through the App;
and for whole Trip Cancellation:
1. cancelation of the whole, not in part, Swap Contract for whatever reason by the Guest and that the Swap does not take effect.
“Approved Losses” for Property Damage shall not include damage arising from, caused by or lost or use associated with the following:
1. water intrusion due to floods, rainwater or other precipitation, tsunamis, melting snow/ice, standing water, storms or storm surges, overflow of streams or other bodies of water, spray water whether driven or not driven by wind, overflows or backflows from – or failures to drain to – drains or sewers; or
2. mold, mildew, fungus, bacteria, or from any natural occurrences that arise from humidity or water; or
3. damage to cars, motorbikes, scooters, boats, cycles or other types of vehicle left at the property for use or otherwise stored at the property; or
4. loss of money, credit cards, securities, bullion, jewelry from theft, damage or other loss; or
5. use consumables, medicines, perfumes, cosmetics and perishables; or
6. loss of tickets, passports, deeds and other documents.
“Approved Losses” Trip Cancellation shall not include costs arising from partial completion of the Swap Contract, and is subject to the conditions set herein. Trip Cancellation may, in our absolute discretion, cover extenuating circumstances, or if the Property is uninhabitable. Please see our Terms and Conditions.
Premium Plus Subscription Offering
Users who purchase the twelve (12) month Premium Plus subscription offering will be limited to twenty-five (25) days of the Property Damage Guarantee. When a User uses the allotted Property Damage Guarantee days, the User may individually subscribe to the Guarantee via point of sale during the booking process of a Swap. The Trip Cancellation Guarantee is not included. The days of Property Damage Guarantee may be changed by us at any time, in our sole discretion.
For the avoidance of any doubt, the Property Damage Guarantee protects the User’s Property, not the Property they enter into a Swap Contract with.
To submit a claim for reimbursement under this Guarantee (a “Claim”), Subscriber must submit a Claim to email@example.com and provide evidence of their claim. Subscriber may only submit a Claim within one (1) year from the first date of a Subscriber’s subscription to the Application and during the term of Subscriber’s subscription of the Guarantee. As part of the claims process, Subscriber will be required to substantiate and document all Claims in accordance with our instructions within seven (7) days of the occurrences giving rise to the Claim. At a minimum Subscriber will be required to:
1. provide Subscriber identification information such as your zip code and dates of the Swap Contract and Guest details;
2. provide photographs of the damages that are the subject of the Claim and the location of such damages;
3. provide police reports, invoices with descriptions of expenditures, and proof of payment, as they relate to the damages that are the subject of the Claim;
4. provide true reasons for cancelations and proof of reasons;
5. provide proof of the date and time of the damages that are the subject of the Claim;
6. provide documentation of illness or disease or illness that is affecting the region or an entire group of people (however, this does not include diseases or illnesses that are commonly and known to be found in that region, such as malaria in Sub-Saharan Africa);
7. provide sufficient detail and documentation for us to determine whether there is an Approved Loss and the amount of the purported Approved Loss; and
8. provide a declaration of the Claim, as further described within the Application. If we request further documentation and information in order to substantiate or document the Claim, you must provide it.
Subscriber must provide additional documentation as requested by us.
When Subscriber has properly and fully submitted a Claim, including all documentation and information, we will determine, in our sole discretion, if Subscriber has suffered an Approved Loss. If we determine that Subscriber has suffered an Approved Loss, we will accept the Claim, make reasonable efforts to notify Subscriber via the email associated with Subscriber’s account or otherwise through the App of our acceptance of the Claim within forty-eight (48) hours of such acceptance. Within fourteen (14) business days after notifying Subscriber of our acceptance of the Claim, we will reimburse Subscriber in an amount equal to such Approved Loss, up to a maximum of £5,000 GBP per Claim and a maximum of £5,000 GBP per year in the aggregate for Property Damage, and up to a maximum of £500 per Claim and a maximum aggregate annual amount of £500 for Trip Cancellation. Under no circumstances will we reimburse more than these amounts. These being £5,000 for Property Damage and £500 for Trip Cancelation per year for all Claims made by a Subscriber. YOU AGREE THAT THESE ARE THE SOLE AND EXCLUSIVE REMEDIES FOR THE OCCURRENCE(S) AND PRODUCT(S) THAT ARE THE SUBJECT OF YOUR CLAIM.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, HOLIDAY SWAP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL HOLIDAY SWAP BE LIABLE FOR LOST PROFITS, COVER, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT OR OTHERWISE, AND WHETHER OR NOT HOLIDAY SWAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, IN NO EVENT SHALL HOLIDAY SWAP’S LIABILITY TO YOU FOR ANY CLAIM RELATED TO THE PRODUCT OR YOUR USE OF THE PRODUCT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT.
We may cease offering this Guarantee at any time. Any subscriptions purchased after the termination of this Guarantee shall not be eligible for the Guarantee. You may not transfer or assign this Guarantee or any of your rights hereunder. Any transfer or assignment in violation of this provision shall be null and void.